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4.3.4 Types of Unprivileged Belligerents. Unprivileged belligerents may generally beclassified into two categories that may be distinguished from one another by the presence orabsence of State authorization:• persons who have initially qualified as combatants (i.e., by falling into one of the threecategories mentioned above), but who have acted so as to forfeit the privileges ofcombatant status by engaging in spying or sabotage; 45 and• persons who never meet the qualifications to be entitled to the privileges of combatantstatus, but who have, by engaging in hostilities, incurred the corresponding liabilities ofcombatant status (i.e., forfeited one or more of the protections of civilian status). 46These two categories of unprivileged belligerents generally receive the same treatment. 47However, the distinction that the first category has State authorization, while the second categorydoes not, may be important and create different legal results. For example, the combatant whospies regains the entitlement to the privileges of combatant status upon returning to friendlylines, but the private person who spies cannot regain a status to which the person was neverentitled. 48 Similarly, acts of unprivileged belligerency on the high seas may constitute piracy, acrime under international law, although similar acts by persons acting under State authority, evenif they were not members of the armed forces, could not constitute piracy. 494.4 RIGHTS, DUTIES, AND LIABILITIES OF COMBATANTSCombatants have a special legal status, i.e., certain rights, duties, and liabilities. Asdiscussed below, combatants may engage in hostilities and are liable to being made the object ofattack by enemy combatants. Combatants must conduct their operations in accordance with thelaw of war. They have the right to POW status if they fall into the power of the enemy duringinternational armed conflict. Combatants have legal immunity from domestic law for acts doneunder military authority and in accordance with the law of war.4.4.1 Combatants – Conduct of Hostilities. In general, combatants may engage inhostilities and may be made the object of attack by enemy combatants. 50 However, combatantsplaced hors de combat must not be made the object of attack. 51Combatants must conduct their operations in accordance with the law of war. Forexample, combatants must take certain measures to distinguish themselves from the civilianpopulation. 52 Combatants also may not kill or wound the enemy by resort to perfidy. 5345 Refer to § 4.17 (Spies, Saboteurs, and Other Persons Engaging in Similar Acts Behind Enemy Lines).46 Refer to § 4.18 (Private Persons Who Engage in Hostilities).47 Refer to § 4.19 (Rights, Duties, and Liabilities of Unprivileged Belligerents).48 Refer to § 4.17.5 (Spying and Sabotage – Forfeiture of the Privileges of Combatant Status).49 Refer to § 4.18.5 (Private Persons Who Engage in Hostilities and the Law of War).50 Refer to § 5.8 (Combatants).51 Refer to § 5.10 (Persons Placed Hors de Combat).52 Refer to § 5.5.8 (Obligation of Combatants to Distinguish Themselves When Conducting Attacks).106

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